Green Card Approved for Same Sex Marriage Adjustment of Status for Laguna Clientjnunez We recently received an approval for a marriage-based adjustment of status for a Laguna Beach client. He had been in the US for almost ten years. He was the victim of attorney fraud in another state and he pursued a U visa based on extortion among other crimes. He moved to California and hired another immigration attorney to handle the U visa, but he did not fulfill his promises and the U visa case languished for several years. Originally, he hired me to take over the U visa case. While I was representing him in the U visa case, the laws on same sex marriage changed when the Windsor decision was announced. At that point, I advised that my client and his long-time partner could marry and he could adjust his status to lawful permanent resident. The couple married (as they had wanted to do for some time), and we started the adjustment of status process. A few months later, we attended an interview at the Santa Ana office of USCIS. I was afraid that the age difference between the two men would be problematic, but the officer did not raise serious objections in that regard. She asked my clients standard questions which they were prepared to answer. At the close of the interview the officer advised that she was inclined to approve the case, but she needed to receive the U visa file from the Vermont Service Center of USCIS. She told me Vermont would not transfer an open file, so we should withdraw the U visa case on our own. My client was initially reluctant to withdraw the U visa case, because we did not have any guarantee that USCIS would approve the marriage-based green card. I explained that I trusted the officer not to sabotage us like that and we really did not have many options for keeping the U visa pending while we awaited a decision on the adjustment of status.

We withdrew the U visa case, and within 60 days the USCIS officer in Santa Ana approved the green card. My client received his conditional resident card this week. Now, he and his husband can live in Laguna Beach and know they do not need to worry about deportation. He can work legally in the US and even visit his family in his home country for the first time in many years. He can introduce his spouse to his family in person as well. If you are in a same-sex marriage and considering the adjustment of status process, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you privately to discuss your options and how we can help. We have worked with many LGBT clients with many different types of immigration cases such as U visas, marriage, domestic violence and asylum.Categories: adjustment of status, green card, I-130, I-485, immigraton attorney, Laguna Beach, LGBT, Orange County, same sex marriage, U visa, visa petition, Windsor

We recently received approvals for a husband and wife to obtain their permanent resident green cards. They entered the US in the early 1990s. The wife entered on a visitor visa. The husband entered without inspection (EWI). The wife worked as a cook for many years and her employer filed a labor certification for her in the late 1990s. For many years, she tried to convert the labor certification into a green card, but she was represented by several inexperienced attorneys that botched and re-botched her case for years. Ultimately, I helped her son obtain his green card through marriage, and subsequently helped him become a US citizen through naturalization. After he became a US citizen, we filed visa petitions and I-485 adjustment of status applications for his parents (as the parents of a US citizen). Because the mother entered legally, we filed a standard I-130 visa petition and I-485 concurrently; however, because the father entered illegally, we filed a 245i adjustment case for him (requiring an additional $1000 filing fee). .

At the interview everything went smoothly. I had worked with the Santa Ana officer many times and she approved the case. When my clients finally received the permanent resident cards, they were overjoyed and relieved. Over the years many attorneys had made false promises, so they were skeptical that I would resolve the case until they finally received the cards in hand. Now, they can live and work in the United States without fear that they could be separated from each other and their children without warning. After 20 years of calling the US their home, they now have the legal status to feel safe here. If you are in the US illegally, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you better understand your situation and whether you have options for obtaining a green card.Categories: adjustment of status, EWI, green card, I-130, I-485, immigration lawyer, interview, Mexico, naturalization, permanent resident, Santa Ana, visa petition

I recently attended an adjustment of status interview for one of my Mission Viejo clients. He entered the US on a visitor visa more than ten years ago. Then, he changed status to an F-1 student visa. In 2009, he met his future wife while registering for classes. The couple dated for almost a year before deciding to get married. Four years later they came to see me seeking help with the adjustment of status process. We collected documentation to prove that their relationship was entered into in good faith. Three months after we filed the I-130 visa petition and I-485 application to adjust status packet with USCIS, our interview went forward. The interview was handled by a veteran officer that I’ve worked with on several occasions. He was friendly and efficient and asked a handful of questions about how the couple met and how the relationship progressed. Everything went smooth, and, by the end, we received an approval notice. Our client should receive his green card within the next few weeks. Because the couple had been married for over two years at the time of the interview, the husband will receive a permanent resident card without conditions. This means he will not need to file an I-751 petition to remove conditions in two years. He will be eligible to naturalize in three years. If you are considering a marriage-based green card case, contact Nelson & Nuñez to schedule a consultation. Every year we help a dozen or more couples navigate the complicated marriage-based visa process whether the foreign-born spouse lives in the US or abroad. Nelson & Nuñez will personally meet with you to help you better understand the process and how we can help.Categories: adjustment of status, green card, I-130, I-485, immigration lawyer, marriage to US citizen, Mission Viejo, Orange County, USCIS, visa petition

I recently attended an interview for a marriage-based adjustment of status for an Irvine client. He entered the US on an F-1 student visa in 2008. He graduated and received his Bachelor’s degree, then pursued a Master’s degree. In 2012, he met his future wife and the couple began dating. They moved in eight months later. Earlier this year, the couple married and came to see me about the adjustment of status process. We helped them collect the necessary evidence to prove good faith marriage including utility bills, apartment leases and joint insurance among other things. We filed the I-130 visa petition and I-485 adjustment of status application concurrently along with the other required forms and evidence. Within four months, the interview in Santa Ana was scheduled. I prepared them for the interview beforehand and advised them on what to expect. We brought additional evidence to prove good faith marriage when we attended the interview. Everything went smoothly at the interview. My clients knew which questions would be asked and they were calm and prepared. At the conclusion of the interview, the USCIS officer approved the case. Because the marriage was less than two years old at the time the green card was approved, my client will receive a conditional resident card that is valid for two years. He will need to file the I-751 petition to remove conditions in two years. The couple was very pleased with the result. They plan to travel to my client’s home country and have a large wedding in the Catholic Church in a few months. They’re even more excited about the honeymoon. If you are considering the marriage-based green card process, contact Nelson & Nuñez to schedule a consultation. Every year we represent more than a dozen marriage-based green card cases at the Santa Ana, Los Angeles and San Bernardino offices of USCIS. Nelson & Nuñez will personally meet with you to assess whether your case is eligible for adjustment of status or consular processing.Categories: : adjustment of status, good faith marriage, green card, I-130, I-485, Irvine, marriage, Santa Ana, USCIS, visa petition

The Department of State released the July 2014 Visa Bulletin. The Employment-Based Second Preference, which covers members of professions holding advanced degrees and aliens of exceptional ability, jumped for Indian nationals. The June 2014 bulletin show processing for May 2004; however, the July 204 bulletin jumped to September 2008. This date could retrogress soon, so aliens with EB2 priority dates before September 2008 should consult their immigration attorneys to see about filing for adjustment of status as soon as possible.

If you are considering a visa petition based on family relationship or employment, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you and help you better understand your options and the overall process.